59-33 - Wind or Solar Electric Generation Facility Capacity Tax
Title 59 > 59-33
Sections (4)
General Provisions
59-33-101 - Definitions.
(1) “Commercially operational” means that a wind or solar electric generation facility generates commercial amounts of electricity.
(2) “Nameplate capacity” means the sum of the maximum rated outputs of all electrical generating equipment within a facility under specific conditions designated by the manufacturer, as indicated on individual nameplates physically attached to the equipment.
(3) “Pass-through entity” means the same as that term is defined in Section 59-10-1402.
(4) “Renewable energy project entity” means a corporation or pass-though entity that directly owns a wind or solar electric generation facility in the state that has executed a power purchase agreement or other binding agreement to purchase the output of a wind or solar electric generation facility owned by the renewable energy project entity after January 1, 2026.
(5) “Wind or solar electric generation facility” means a commercially operational facility with the capacity to generate electricity from wind or solar that has not reached the end of the facility’s operational life that uses:wind equipment with a nameplate capacity of at least 20 megawatts generating alternating current electricity; orsolar equipment with a nameplate capacity of at least 20 megawatts generating alternating current electricity.”Wind or solar electric generation facility” does not include a facility that generates wind or solar electricity primarily for onsite consumption by the owner or tenant of the property on which the facility is located.
Enacted by Chapter 258, 2025 General Session
Imposition of Tax
59-33-201 - Imposition of tax on renewable energy project entities — Deposit of revenue.
(1) Beginning January 1, 2026, there is annually levied a tax on a renewable energy project entity in the state for each calendar year following the calendar year in which a wind or solar electric generation facility owned by the renewable energy project entity becomes commercially operational.Notwithstanding the other provisions of this chapter, a renewable energy project entity does not owe a tax under this chapter for a wind or solar electric generation facility project that before December 31, 2025, was:operating;under construction; orsubject to a power purchase agreement or other binding agreement to purchase output of the wind or solar electric generation facility.
(2) The tax levied under Subsection (1) is calculated by multiplying the megawatts, or portion of megawatts, of operational generating alternating current nameplate capacity of a wind or solar electric generation facility owned by the renewable energy project entity by $1,050.
(3) A renewable energy project entity in the state shall electronically file with the commission, on or before March 1 of each year, a statement containing the information required by Subsection (3)(b) in a manner prescribed by the commission.The statement required in Subsection (3)(a) shall include:the name, description, and location of a wind or solar electric generation facility owned by the renewable energy project entity in the state;the nameplate capacity described in Subsection (2); andany other reasonable and necessary information required by the commission.A statement or report required to be filed with the commission shall be signed and sworn to by the chief executive officer of the renewable energy project entity or the chief executive officer’s designee.A willful false swearing as to a material fact set out in the statement or report required under this Subsection (3) is a violation of Section 76-8-504 and may result in prosecution.
(4) The tax imposed by this chapter does not apply to a wind or solar electric generation facility that is owned or operated by:the United States;the state or a political subdivision of the state;an Indian or Indian tribe, as defined in Section 9-9-101; ora distribution electric cooperative or a wholesale electric cooperative, as defined in Section 54-2-1.
(5) The commission shall deposit revenue from the tax imposed in this section into the Species Protection Account created by Section 23A-3-214.
Enacted by Chapter 258, 2025 General Session
Administration, Collection, and Enforcement of Tax
59-33-301 - Administration, collection, and enforcement of tax — Rulemaking.
Enacted by Chapter 258, 2025 General Session
59-33-302 - When taxes due — Payment of tax — Audit.
Enacted by Chapter 258, 2025 General Session